America's fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting in the introduction of a "zombie debt" bill, House Bill 4360. The bill, as introduced, was designed to thwart all debt collection efforts after a debt's statute of limitations has passed. After undergoing various legislative revisions, Committee Substitute House Bill 4360 was enrolled on March 8, 2014, and took effect 90 days thereafter, on June 6, 2014...

- Disputing Debts Under the FDCPA:

In January of this year, the United States Court of Appeals for the Fourth Circuit ("Fourth Circuit") decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first impression before the Court was whether Section 1692g(a)(3) of the Fair Debt Collection Practices Act ("FDCPA") requires a consumer to dispute a debt in writing to gain the protections afforded by the FDCPA...

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Sarah B. Smith
Associate
ssmith@spilmanlaw.com
Zombie (Debt Collector) Beware: West
Virginia Expands Prohibited Actions
America's fascination with zombies infiltrated the West Virginia
Legislature during the 2014 Regular Session, resulting in the
introduction of a "zombie debt" bill, House Bill 4360. The bill, as
introduced, was designed to thwart all debt collection efforts after a
debt's statute of limitations has passed. After undergoing various
legislative revisions, Committee Substitute House Bill 4360 was
enrolled on March 8, 2014, and took effect 90 days thereafter, on
June 6, 2014.
Although the enrolled version of House Bill 4360 conspicuously
omits all references to zombies, and its effect is not so monstrous as
its predecessor, it significantly amends section 2-128 of the West
Virginia Consumer Credit and Protection Act ("WVCCPA").
Section 2-128 of the WVCCPA prohibits the use of "unfair or
unconscionable means to collect or attempt to collect any claim." A
"claim" is "any obligation or alleged obligation of a consumer to pay
money arising out of a transaction in which the money, property,
insurance or service which is the subject of the transaction is
primarily for personal, family, or household purposes, whether or not
such obligation has been reduced to judgment." Id. §1-122(b).
Prior to the Legislature's recent amendment, section 2-128
enumerated five types of action deemed prohibited as "unfair or
unconscionable means to collect or attempt to collect any claim."
Those five types of action, as summarized, include the following....
Click here to read the entire article.
Disputing Debts
Under the FDCPA
By R. Scott Adams
Senior Attorney
sadams@spilmanlaw.com
In January of this year, the United
States Court of Appeals for the
Fourth Circuit ("Fourth Circuit")
decided the case of Clark v.
Absolute Collection Service, Inc.
(741 F.3d 487, 4th Cir. 2014). The
question of first impression before
the Court was whether Section
1692g(a)(3) of the Fair Debt
Collection Practices Act ("FDCPA")
requires a consumer to dispute a
debt in writing to gain the
protections afforded by the
FDCPA.
The Fourth Circuit held that, for
purposes of § 1692g(a)(3), a
dispute need not be in writing, a
consumer can dispute a debt
orally. Although businesses
engaged in debt collection in the
Fourth Circuit should take note of
this decision and evaluate
applicable procedures, the ultimate
impact may be limited.
The FDCPA creates certain
protections for a consumer when a
consumer disputes a debt being
collected.
Click here to read the entire
article.
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